goldman - sigismond: business law: principles and practices...

1.1 Copyright ©2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Hello!

➜DO NOW:

1. Open up the notes on Google Docs for today

• Foundations of Law

2. Pick up your class notes copy and vocabulary sheets

3. DO NOW:

• What are the 4 functions of law?

1

Copyright ©2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

1

CHAPTER

Goldman | Sigismond

9e

Foundations of Law


Learning Objectives ➜Describe the influences of Roman law

and especially the English common law on the development of law in the United States.

➜Differentiate between civil and criminal law.

➜Explain why uniform laws were introduced into our legal system.


Development of Law ➜Roman law: Prior to Romans, most law was oral.

• The Romans developed the concept of written codes (or laws) that everyone could know and understand.

• The Roman Code was revised by Napoleon to create the Napoleonic Code, used today in Europe and many countries in Central and

South America and Asia.


Development of Law

➜Common law: Unwritten law based on local English

customs.. • Developed in England after the Norman

conquest of A.D. 1066.

• Refers to the body of legal decisions by English judges over many years, based on local customs and traditions.

Each new case served as a “precedent” for later decisions, which created the doctrine of “stare decisis” (“to stand by a decision which was previously decided”).


Civil Law vs. Criminal Law ➜Civil laws:

Law dealing with the relationships between individuals

• Ex. Car accidents, divorce, invasion of property

Protect rights and property of individuals from harmful acts of others.

• The injured party (the Plaintiff) may be awarded money damages if he can prove his case.


Civil Law vs. Criminal Law ➜ Criminal laws: Laws that deal with the relationships between

individuals and society and that maintain order. • Protect society from acts of individuals that are

considered so dangerous, (or potentially dangerous), that they threaten peace and order within a society.

A person accused of committing a crime is charged by government • If the person is convicted, he or she will be punished

by prison and fines if applicable.

Government must prove its case beyond a reasonable doubt and jury verdict must be unanimous.


Case Study: Miller v. Smith ➜ Miller was driving home from shopping on a

winter afternoon when he saw a snowball coming toward his car. The snowball, which contained a rock, hit the hood of his car with a thump. Miller stopped the car, got out, and discovered a large dent in his hood caused by the snowball. When Miller spotted Smith hiding behind a nearby parked car and confronted him, Smith admitted to throwing the snowball and Miller called the police. 1. Does Miller have a civil case? Why or why

not? 2. Could there be any criminal action? Why

or why not?


Civil vs. Criminal Law


Law vs. Equity

➜ In a civil case, money is not always a suitable or adequate remedy for violation of certain rights.

➜ In such cases, equitable (nonmonetary) relief is available, based on fairness and justice.


Law vs. Equity


Uniform Laws

➜Much of our business law developed from early English merchants courts, called “law merchant” which became a part of the common law, passed to the United States.

➜Uniform Commercial Code (UCC) is an example of the updated merchant code.


Exit Ticket

➜Answer the following questions using your notes from today and last week:

1. Laws passed by state governments are called _______.

2. Laws that protect the rights of property and individuals from harm and provide remedies are called ________ laws.

3. Unwritten law is called _______law.

goldman - sigismond: business law: principles and practices...

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